Közbeszerzési Hatóság

182. §

The Council operating within the framework of the Authority

182. §

1. The Council shall have thirteen members. Specific objectives in the public interest, contracting authorities and tenderers shall be each represented by the members of the Council. (This amendment entered into force on 1 January 2017.)

 

2.  The enforcement of the principles of this Act, specific objectives in the public interest, the interests of contracting authorities and of tenderers shall be the responsibility of the following persons in the Council:

  1. the person designated by the Minister competent in economic policy;
  2. the person designated by the Minister competent in public procurements;
  3. the person designated by the Minister competent in building matters;
  4. the person designated by the Minister competent in public funds;
  5. the President of the Hungarian Competition Authority or the person designated by him;
  6. the President of the Government Control Office or the person designated by him;
  7. the person designated jointly by the national associations of local governments;
  8. the three persons designated by the national employers‘ interest representation bodies and the national economic chambers, including the Hungarian Chamber of Agriculture, Food Economy and Rural Development;
  9. the person designated jointly by the Hungarian Chamber of Engineers and the Chamber of Hungarian Architects;
  10. the person designated by the professional body of the accredited public procurement consultants. (This amendment entered into force on 1 January 2017.)

3.  The president of the Council is the president of the Authority. The vice-president of the Council is the vice-president of the Authority.

4. The president of the Council shall become a member of the Council even if he was not designated from among the members. Where the president of the Council was selected from among members of the Council, the president shall discontinue representing the general objectives or interests of the person designating him, and the person designating him shall be entitled to designate a new member to the Council. The designating person shall not exercise against the president of the Council their right as laid down in Article 181(6)(b) and (7).

5.  The Council member shall report to the person designating him on his activities within the Council for the achievement of objectives he has to enforce, the general interests he represents, and also the objectives of this Act, as well as the enforcement of these in the field of public procurement. 

6.  The president, the vice-president and the members of the Council shall be obliged to make a declaration of property according to the rules regarding the members of Parliament, for the first time within thirty days from their designation. As regards the registration, control and filing of declarations of property the rules applicable to the registration, control and filing of declarations of property of members of Parliament shall be applied.

7. If the president, the vice-president or the member of the Council refuse their obligation to make a declaration of property, neglect to fulfil their obligation or declare false data, fact in their declaration of property, their term of office shall be terminated due to incompatibility.

8. The following persons shall not be eligible for membership in the Council:

  1. members of Parliament, spokespersons of nationalities;
  2. have previous convictions under criminal law.

9. The term of office of members shall be two years at least.

10. The rules, except as laid down in paragraphs 7-9, for designating and recalling members shall be set by the designating bodies in such a way as to guarantee the sustained operability of the Council.

11. Members shall be required to perform their designated tasks in person. The members shall be entitled to an honorarium, the monthly rate of which shall be determined in the organisational and operational regulations of the Authority. (This amendment entered into force on 1 January 2017.)